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(영문) 대전지방법원 2013.07.17 2012가합100627
배당이의
Text

1. A distribution schedule prepared on March 15, 2012 by the said court with respect to the Daejeon District Court B and C (Dual) auction cases of real estate.

Reasons

1. Basic facts

A. 1) E (i) June 7, 2005, including the progress of the auction procedure, is the facility of the building and the 2nd floor of the 2nd floor above the 2nd building and the 2nd floor above the 2nd floor above the YU-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant

2) On August 4, 2008, the Plaintiff acquired ownership and operated an automobile maintenance plant with the trade name of “G”. (2) On August 4, 2008, the Plaintiff loaned KRW 1,200,000 to E with the due date set as August 4, 201, and as a security, acquired the instant automobile maintenance plant’s mortgage over the maximum debt amount of KRW 1,560,000,000 with respect to the instant automobile maintenance plant.

3) Defendant (Appointed Party, hereinafter “Defendant”) is only the Defendant.

(4) On October 11, 2010, the Plaintiff was granted a provisional attachment order with the Daejeon District Court 2010Kahap856 on August 9, 2010 on the instant factory with the claimed amount of KRW 393,741,200, and completed the provisional attachment registration on the same day. 4) The Plaintiff lost its interest on March 4, 2010 due to E’s failure to pay interest on the instant loans, and the Plaintiff was granted a decision of commencement of auction to Daejeon District Court B on May 27, 2010. The instant auction case was consolidated with the instant factory on October 11, 2010 where the decision of commencement of compulsory auction was issued on the instant factory.

B. On March 15, 2012, the above execution court: (a) determined the amount to be actually distributed on the date of distribution as KRW 1,202,103,601, which is the date of distribution; and (b) deemed the Defendant, H (Appointed Party), and I (Appointed Party) as each wage obligee, and distribute the total amount of the claim for distribution as KRW 393,741,20,245,000,25,375,660, which is the total amount of the claim for distribution, to the Plaintiff; and (c) drafted a distribution schedule in which the amount of claim is distributed to the Plaintiff in the order of KRW 1,434,638,441, which is the second creditor, in the order of KRW 756,649,81, which is the second creditor, and KRW 393,741,41 (52.74% of the dividend ratio); and (d) the details of the distribution and the details of the Defendant’s distribution separately recorded as Defendant 2.

3 The plaintiff's representative is above J.

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